KEY OPERATING & EQUIPMENT, INC. v. HEGAR

No. 13-0156.

435 S.W.3d 794 (2014)

KEY OPERATING & EQUIPMENT, INC., Petitioner, v. Will HEGAR and Loree Hegar, Respondents.

Supreme Court of Texas.

Decided June 20, 2014.


Attorney(s) appearing for the Case

Jeffrey Burns , Burns & Reyes-Burns PLLC, Cardwell, TX, for Petitioner.

Mark C. Harwell , Cotham & Harwell, P.C., Houston, TX, for Respondent.

Everard A. Marseglia Jr. , Jillian Marullo , Liskow & Lewis, PLC, Houston, TX, for Amicus Curiae.


Justice JOHNSON delivered the opinion of the Court.

At issue in this case is whether, when parts of two mineral leases have been pooled but production is from only one lease, the mineral lessee has the right to use a road across the surface of the lease without production in order to access the producing lease. The trial court determined that the lessee does not and granted declaratory and injunctive relief. The court of appeals affirmed. Concluding that the lessee...

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